Judgment of lahore high court declaring the father liable to maintain his child is published below.. Kindly read it to understand the custody law in Pakistan.
Citation Name : 2009
CLC 1010 LAHORE-HIGH-COURT-LAHORE
Side Appellant :
MUHAMMAD NAZIR
Side Opponent :
ADDITIONAL DISTRICT JUDGE, MIANWALI
S.
25---Constitution of Pakistan (1973), Art.199---Constitutional
petition---Custody of minor--Two courts below having changed the custody of
minor from the petitioner/father to respondent/mother, petitioner had impugned
said concurrent judgments in the constitutional petition---Father had an
obligation under law to provide maintenance to his minor child ren---Argument
that mother had weak financial position as compared to the father, was
misconceived---Father had contracted a second marriage and he would have to
remain out of his house for considerable time in connection with his daily
pursuits---Minor could not be left to the surveillance of step-mother who could
never be substitute for the real mother---Real mother had inherent right to
.keep her minor child ren close to her bosom---Intelligent preference of the
minor while considering comparative rights of the real mother vis-a-vis the
father, who had already contracted a second marriage, could be legitimate ly
pushed to oblivion and that was what the two courts below had
done---Well-reasoned findings of facts recorded by the two courts below, could
not be interfered within constitutional petition.
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